The International Court of ARBITRATION
These Rules have been formulated to ensure the independent, impartial, efficient, and cost- effective resolution of disputes arising out of contractual or non-contractual economic and commercial transactions through arbitration.
These Rules shall apply to the resolution of contractual and commercial disputes. Subject to mutual agreement of the parties, they may also be applied to the resolution of other types of economic or trade-related disputes.
These Rules shall apply to all arbitration proceedings administered by PDR ORGANIZATION PRIVATE LIMITED / PRIVATECOURT. In the absence of such agreement, the parties may agree to the application of these Rules at any stage, or alternatively, any other procedural rules as mutually agreed.
The parties may agree to modify the provisions of these Rules. Such agreement shall prevail unless it is inoperative or contrary to any mandatory provision of the law applicable to the arbitration.
Where the parties have agreed to submit their disputes to arbitration under these Rules but have not designated a specific arbitration institution, they shall be deemed to have agreed to refer the dispute to arbitration administered by PDR ORGANIZATION PRIVATE LIMITED / PRIVATECOURT.
An “Arbitration Agreement” refers to any written clause in a contract or a separate agreement by which the parties agree to submit existing or future disputes to arbitration. The agreement must be in writing and may be contained in any tangible or electronic medium, including contracts, correspondence, EDI, or emails.
PDR ORGANIZATION PRIVATE LIMITED / PRIVATECOURT shall have the authority to determine the existence, validity, and scope of the arbitration agreement and its own jurisdiction over the dispute. This authority may also be delegated to the Arbitral Tribunal.
Arbitration proceedings shall not be interrupted by any objections raised by a party regarding the validity of the arbitration agreement or the jurisdiction of the Arbitral Tribunal.
Where the parties have agreed on the seat or place of arbitration, their agreement shall prevail. In the absence of such agreement, the place of arbitration shall be determined by the Registrar or the appointed Arbitrator of PDR ORGANIZATION PRIVATE LIMITED / PRIVATECOURT.
The arbitral award shall be deemed to have been made at the designated place of arbitration.
Unless otherwise agreed by the parties or determined by the Arbitral Tribunal, any communication, notice, or submission made by post or email shall be deemed to be in writing, provided that evidence of transmission can be demonstrated.
All documents, notices, and written communications relating to the arbitration shall be transmitted by the Arbitration Tribunal to the parties or their duly authorized representatives via email, electronic data interchange (EDI), or other comparable electronic means.
Subject to the specific requirements of the proceedings, the Arbitration Tribunal or the Arbitral Tribunal may additionally determine that such documents be served, either primarily or supplementally, through registered post, courier, or any other appropriate means.
Parties shall submit all arbitration-related documents—including the Request for Arbitration, Statement of Claim, Statement of Defence, written submissions, documentary evidence, and other materials—either via email, postal service, or through the online dispute resolution platform maintained by PDR ORGANIZATION PRIVATE LIMITED / PRIVATECOURT.
Submission via any other medium may be permitted with the prior approval of the Arbitration Tribunal or the Arbitral Tribunal.
Any document transmitted by the Arbitration Tribunal to one party shall, where applicable, be simultaneously copied to the other party. No party or its representative shall engage in unilateral communication with any member of the Arbitral Tribunal. All correspondence shall be directed through the Arbitration Tribunal. It shall be the responsibility of the sender to maintain records evidencing the dispatch and transmission of all documents. Such records shall be available for inspection and reporting, if required. In the event of non-delivery or failure of transmission, the sending party shall promptly notify the Arbitration Tribunal, which shall direct further steps as deemed appropriate. Any change in a party’s communication address, email, phone number, or other contact details must be notified immediately to the Arbitration Tribunal.
Unless a party specifies its preferred method of service in advance, any written communication to the Claimant or Respondent shall be transmitted through one or more of the following methods, as deemed appropriate by the Arbitration Tribunal:
Unless otherwise agreed by the parties or directed by the Arbitral Tribunal, any communication transmitted in accordance with Article 12 shall be deemed to have been received on the date it is sent, provided there is proof of such dispatch and the medium used permits confirmation of delivery.
Except as otherwise provided in these Rules, any time period stipulated herein shall commence from the earliest date on which the relevant communication is deemed to have been received in accordance with Article 13.
PDR ORGANIZATION PRIVATE LIMITED / PRIVATECOURT shall undertake reasonable security measures to protect the online transmission and storage of case-related data. This includes the use of encryption and other security protocols to safeguard communications between the parties, the Arbitral Tribunal, and the institution.
PDR ORGANIZATION PRIVATE LIMITED / PRIVATECOURT shall not be liable for any loss, damage, or disclosure resulting from unauthorized access to electronically transmitted data caused by technical failures, system vulnerabilities, or security breaches during arbitration proceedings.
The parties expressly waive and release PDR ORGANIZATION PRIVATE LIMITED / PRIVATECOURT, its officers, employees, arbitrators, agents, and affiliates from any liability, claim, or damages arising in connection with data loss, breach, or failure of the electronic systems used in the arbitration.
The parties agree that the arbitration proceedings shall remain confidential. No party shall disclose any aspect of the arbitration—including pleadings, evidence, orders, or the final award—to any third party, except their legal counsel or as required by law, regulatory obligation, or for the enforcement of an arbitral award.
The parties expressly waive any right to challenge the validity or enforceability of these Rules on the grounds of lack of knowledge or familiarity. By agreeing to arbitrate under these Rules, the parties acknowledge that they are bound by the procedural framework herein contained.
Arbitral proceedings shall be deemed to commence on the date the Arbitration Tribunal receives the Request for Arbitration from the Claimant.
Upon receipt of the Request for Arbitration, the Arbitration Tribunal shall examine whether the Request complies with the procedural requirements. Within fifteen (15) days of receipt, the Tribunal shall either:
Confirm its acceptance of the Request and notify the parties in writing, or
Reject the Request, stating the reasons for non-acceptance in writing.
Following acceptance of the Request, the Arbitration Tribunal shall issue a formal Notice of Arbitration to both parties. The Notice shall:
Confirm acceptance of the arbitration;
Provide the web address(es), email, and contact details of the Dispute Resolution Facilitation Platform;
Include directions for accessing these Rules and the Panel of Arbitrators;
Where appropriate, attach the Rules, Panel of Arbitrators, and relevant procedural documents.
Unless otherwise agreed by the parties, the Claimant shall submit its detailed Statement of Claim along with supporting evidence to the Arbitration Tribunal within fifteen (15) days of receipt of the Acceptance Letter.
Unless otherwise agreed by the parties, the Respondent shall submit its Statement of Defence within fifteen (15) days of receiving the Statement of Claim. The Statement of Defence, duly signed or sealed by the Respondent or its authorised representative(s), shall include:
Full names, addresses, PIN codes, telephone numbers, email addresses, and other available modes of communication of the Respondent;
The Respondent’s designated method of communication;
A statement of defence setting forth the facts and grounds relied upon; and Supporting evidence for the defence.
If the Respondent intends to file a Counterclaim, it shall do so within the same time period unless otherwise agreed.
Unless otherwise agreed by the parties, the Claimant shall file its Statement of Defence to the Counterclaim with the Arbitration Tribunal within fifteen (15) days of receipt of the Respondent’s Counterclaim.
The time limits prescribed under Articles 21 and 22 may be extended by the Arbitral Tribunal upon a showing of sufficient cause or for reasons the Tribunal considers just and equitable.
Unless otherwise agreed by the parties in writing, the language of the arbitration shall be English.
Either party may apply to the Arbitral Tribunal for interim measures of protection by filing an application under Section 17 of the Arbitration and Conciliation Act, 1996. The Arbitral Tribunal shall have the same powers to grant interim relief as a civil court under applicable law. Subject to any orders passed under Section 37 of the Act, any interim order made by the Arbitral Tribunal shall be deemed to be an order of the court and shall be enforceable under the Code of Civil Procedure, 1908, as though it were a court order.
Within thirty (30) days of receipt of the arbitral award, unless otherwise agreed by the parties:
a. A party may request the Arbitral Tribunal to correct any clerical, typographical, or computational errors in the award;
b. If mutually agreed, a party may also request an interpretation of a specific portion of the award.
c. If the Arbitral Tribunal finds the request justified, it shall make the correction or provide the interpretation within thirty (30) days of receipt. The interpretation shall form part of the original award.
d. The Tribunal may, on its own initiative, correct such errors within thirty (30) days of the award.
e. A party may also request an additional award within thirty (30) days of receipt of the original award concerning claims raised during the proceedings but omitted from the award.
f. If the Tribunal deems such request valid, it shall issue the additional award within sixty (60) days of the request.
g. The Tribunal may extend the aforementioned periods where necessary.
h. The Tribunal may levy additional fees for such corrections, interpretations, or additional awards, as it deems appropriate.
Unless otherwise agreed by the parties or stipulated under these Rules, the arbitral tribunal shall consist of a sole arbitrator.
The arbitrator shall be appointed in accordance with the provisions of the arbitration agreement or arbitration clause executed between the parties. Unless the parties agree otherwise in writing, the arbitrator shall be selected from the Panel of Arbitrators maintained by PDR ORGANIZATION PRIVATE LIMITED / PRIVATECOURT.
Where the parties fail to appoint an arbitrator or agree on one, and where the arbitration agreement authorizes institutional appointment, the Registrar of PDR ORGANIZATION PRIVATE LIMITED / PRIVATECOURT shall appoint the arbitrator from its Panel of Arbitrators, unless otherwise agreed by the parties.
Every arbitrator, whether appointed by the parties or by the Registrar, shall, prior to appointment, execute a written Declaration of Independence and Impartiality. Such declaration shall disclose any past or present circumstances likely to give rise to justifiable doubts as to the arbitrator’s impartiality or independence. The declaration shall be submitted to PDR ORGANIZATION PRIVATE LIMITED / PRIVATECOURT, which shall communicate the same to the parties.
Where the tribunal is to be composed of a sole arbitrator and the parties have not agreed on the manner of appointment, the Claimant and Respondent shall, within fifteen (15) days from the date the party last receives the Notice of Arbitration, jointly appoint a sole arbitrator.
In the event that the parties fail to jointly appoint a sole arbitrator within the stipulated time or do not request the Registrar to make the appointment, the Registrar of PDR ORGANIZATION PRIVATE LIMITED / PRIVATECOURT shall appoint the sole arbitrator from the institution’s Panel of Arbitrators.
The time period prescribed in this Article may be extended upon mutual consent of the Registrar and the arbitrator, considering the circumstances of the case.
Unless otherwise agreed by the parties, and subject to these Rules, the Arbitral Tribunal shall have the discretion to conduct the arbitration in such manner as it deems appropriate, ensuring procedural fairness and efficiency. The Arbitral Tribunal shall, at all times, treat the parties equally and provide each party a reasonable opportunity to present its case.
The Arbitral Tribunal may issue procedural directions, including procedural timetables, lists of issues, and terms of reference, to facilitate efficient conduct of the proceedings.
The Arbitral Tribunal shall have the authority to determine the admissibility, relevance, materiality, and weight of all evidence submitted.
The evidence submitted by the parties may be electronic evidence that is generated, sent, received or stored by electronic, optical, magnetic or other similar means.
Where a time limit has been set by the parties or the Arbitral Tribunal for the submission of evidence, such evidence shall be filed within the stipulated period.
Unless otherwise agreed by the parties or directed by the Arbitral Tribunal, the Tribunal may, in its discretion, decline to admit any evidence or written submission submitted after the expiration of such period. However, the Tribunal may request additional documents or statements if deemed necessary for the resolution of the dispute.
The Arbitration Tribunal shall conduct a minimum of three (3) hearings prior to issuing an arbitral award, unless otherwise agreed by the parties or deemed unnecessary due to default or ex-parte proceedings.
Where an oral hearing is required, it shall, by default, be conducted online through video conferencing or similar electronic communication tools. The Arbitral Tribunal may, based on the specific facts and circumstances, decide to conduct an in-person (physical) hearing.
The Arbitral Tribunal shall fix the date, time, mode, and location (if applicable) of any oral hearing and shall serve a Notice of Oral Hearing to all parties at least three (3) days in advance.
Any request for postponement must be submitted in writing with justifiable reasons at least five (5) days before the scheduled hearing. The Arbitral Tribunal shall have the discretion to accept or reject such requests.
The Arbitral Tribunal may direct the parties to make a reasonable deposit toward administrative costs, arbitrator’s fees, or any other anticipated expenses. Failure to comply with the deposit direction may result in forfeiture of the deposit and, where applicable, termination of the arbitration proceedings, upon ten (10) days' written notice.
Upon request by the arbitrator or the parties, the Registrar of PDR ORGANIZATION PRIVATE LIMITED / PRIVATECOURT shall facilitate logistical arrangements for the arbitration, including but not limited to securing venues for physical hearings. The requesting party shall bear any expenses incurred in this regard.
Witness testimony may be presented by any of the following means, as deemed appropriate by the Arbitral Tribunal:
Online video conferencing,
In-person oral hearings, or
Any other suitable mode of communication approved by the Tribunal.
Unless otherwise agreed by the parties, the Arbitral Tribunal shall render its final award within six (6) months from the date of its constitution.
This period may be extended upon a written request from the Tribunal and approval by the Chairperson of PDR ORGANIZATION PRIVATE LIMITED / PRIVATECOURT, subject to justification of the necessity of such extension.
The arbitral award shall be in writing, signed by the arbitrator, and shall state the date and place of the award. The award shall bear the official seal of PDR ORGANIZATION PRIVATE LIMITED / PRIVATECOURT.
Upon issuance of the award, the arbitration proceedings shall stand terminated. The arbitrator’s mandate shall also conclude upon such termination.
Prior to signing the final award, the Arbitral Tribunal shall submit a draft award to PDR ORGANIZATION PRIVATE LIMITED / PRIVATECOURT for administrative scrutiny. The institution may raise any non-substantive issue with the draft for the Tribunal’s consideration, provided that the independence and decision-making authority of the Arbitral Tribunal remain unaffected.
The award-holder shall be entitled to seek enforcement of the arbitral award in accordance with applicable law. Enforcement shall be governed by the Arbitration and Conciliation Act, 1996, and the Code of Civil Procedure, 1908.
PDR ORGANIZATION PRIVATE LIMITED / PRIVATECOURT reserves the sole right to interpret, amend, or supplement these Rules, and such interpretations or amendments shall be binding on all parties and arbitrators involved in the proceedings.